Subsection 44© | USA Federal Trademark Filing

Claim Priority Rights For Your International Trademark Filing

If you've filed a trademark application outside the United States within the last six months, Trademark Act Section 44(d) may allow you to claim the earlier foreign filing date when submitting your U.S. application. This priority claim can be an important advantage for businesses expanding into the U.S. market.

Our team helps applicants navigate Section 44 filing requirements and prepare the documentation necessary to support their U.S. trademark application.

  • Support for qualifying foreign trademark applicants
  • Guidance regarding Section 44(d) filing requirements
  • Assistance preparing and submitting U.S. applications
Eligibility requirements apply. Section 44(d) filings must generally be made within six months of the foreign application filing date. View Packages

Who Can Benefit From Section 44(d)?

International Businesses

Companies expanding operations into the United States after filing abroad.

Growing Brands

Businesses seeking trademark protection across multiple countries.

Foreign Trademark Applicants

Applicants with qualifying foreign applications filed within the required timeframe.

Global Entrepreneurs

Founders looking to establish trademark rights in the U.S. market.

Three Steps To Filing Under Section 44(d)

Verify Eligibility

We review your foreign trademark application details and determine whether Section 44(d) may apply.

Prepare Your U.S. Application

Our team organizes the required information and prepares your trademark filing.

Submit Your Application

Your U.S. application is filed while preserving the available priority claim where applicable.

Supporting International Trademark Filings With Confidence

Trademark registration requirements can become more complex when multiple countries are involved. Our team helps businesses understand available filing options and prepare applications with greater confidence.

Understanding Priority Claims

Section 44(d) is commonly referred to as a foreign priority basis because it allows qualifying applicants to request a U.S. filing date tied to an earlier foreign application. Specific eligibility requirements must be met for the claim to be accepted.

International experience. Filing support. Clear guidance.

Helping Businesses Expand Into The U.S.

Businesses entering the American market often seek to register a trademark, register a brand name, or trademark a logo while preserving rights established abroad.

Our filing support services help simplify the process and keep applicants informed at every stage.

Professional assistance for international brand protection.

Why Consider Section 44(d)?

Priority Filing Date

Eligible applicants may claim the filing date of their earlier foreign application.

International Expansion

Supports businesses entering the United States market.

Streamlined Protection Strategy

Helps coordinate trademark protection across multiple jurisdictions.

$1,999 one time fee Move your trademark application forward with focused, attorney-led Office Action response support.

  • Attorney Review A U.S.-licensed attorney reviews your Office Action.
  • Response Drafting The assigned attorney prepares your tailored response.
  • Review and Approval Review and Approval

It’s straightforward!

Call to discuss

Received an Office Action? Let an Attorney Prepare Your Response

A USPTO Office Action identifies legal or procedural issues that must be addressed before your application can move forward. An experienced trademark attorney can review the examiner’s concerns, explain your options, and prepare a focused response supported by appropriate arguments and evidence.

Office Action deadlines are strict, and incomplete responses may leave refusals unresolved. Careful review helps ensure your filing addresses every issue before the USPTO deadline.

An incomplete response can delay your application or lead to abandonment. Work with an attorney who can assess the refusal, organize evidence, and prepare a clear submission addressing issues raised by the USPTO attorney.

SECTION 44(d) FAQS

  • What is Section 44(d)?

    Section 44(d) allows eligible applicants to claim priority based on an earlier-filed foreign trademark application.

  • How long do I have to file in the United States?
  • Does Section 44(d) automatically provide registration?
  • Can foreign businesses apply?
  • Is a U.S. attorney required?